Appeal
from a judgment of the Criminal Court of the City of New
York, Kings County (Joanne D. Quiñones, J.), rendered
December 17, 2015. The judgment convicted defendant, after a
nonjury trial, of attempted assault in the third degree and
harassment in the second degree.

ORDERED
that the judgment of conviction is affirmed.

Defendant
was charged in an accusatory instrument with attempted
assault in the third degree (Penal Law §§ 110.00,
120.00 [1]) and harassment in the second degree (Penal Law
§ 240.26 [1]). At a nonjury trial, the complainant, a
traffic agent, testified that, while he had been issuing
defendant a ticket for a parking violation, defendant had
kicked him in the right foot, causing him to sustain "a
lot" of pain. Defendant testified that he had never
kicked the complainant and provided a version of the events
that differed remarkably from the one offered by the People.
Following the trial, defendant was convicted as charged.

Initially,
we note that defendant's legal sufficiency claim is
preserved for appellate review, as defendant's motions to
dismiss made at the close of the People's case and again
after both sides had rested were specifically directed at the
deficiency in the People's proof that he now raises on
appeal-that the People failed to provide sufficient evidence
to establish that he had ever kicked the complainant (see
People v Hawkins, 11 N.Y.3d 484, 491-492 [2008];
People v Williams, 150 A.D.3d 1273, 1278 [2017];
People v Mais, 133 A.D.3d 687, 687 [2015];
compare People v Becoats, 17 N.Y.3d 643, 654 [2011];
People v Carncross, 14 N.Y.3d 319, 324-325 [2010]).
Viewing the evidence in the light most favorable to the
People (see People v Delamota, 18 N.Y.3d 107, 113
[2011]; People v Contes, 60 N.Y.2d 620');">60 N.Y.2d 620 [1983]), we
find that the complainant's testimony alone was legally
sufficient to establish defendant's guilt beyond a
reasonable doubt (see People v Schulz, 4 N.Y.3d 521,
530 [2005]; People v Calabria, 3 N.Y.3d 80, 82
[2004]; People v Arroyo, 54 N.Y.2d 567, 578 [1982];
People v Vecchio, 31 A.D.3d 674, 674 [2006];
People v Ricone, 288 A.D.2d 402, 402 [2001]). The
complainant's testimony established that defendant, with
the intent to cause physical injury to the complainant,
engaged in conduct which tended to cause such injury by
kicking the complainant with a steel-tipped boot
(see Penal Law §§ 110.00, 120.00 [1]) and
did so with the intent to annoy, harass or alarm the
complainant (see Penal Law § 240.26 [1]).
Although corroboration was not required to support
defendant's convictions, we note that the
complainant's testimony was bolstered by the testimony of
a police officer, who had observed the complainant limping
after the alleged kicking, and by the undisputed fact that
the complainant was ultimately transported by an ambulance to
a hospital (see People v Jackson, 8 N.Y.3d 869, 870
[2007]).

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